Business Law: Analysis of LGBT Discrimination in Business Settings

This business law essay addresses the contentious issue of discrimination against lesbian, gay, bisexual, and transgender (LGBT) individuals within the business context, particularly concerning constitutional rights and equal opportunities. It explores the legal implications of denying services bas...Read More

BUSINESS LAW ASSIGNMENT

Introduction
The United States Supreme Court agreed to decide regarding the case concerning whether a
business could refuse selling goods, to a gay couple on the basis of the owner’s beliefs or
orientation (Pizer, Sears, Mallory and Hunter, 2011, pg. 715). The scope of the current
discussion relates to whether it is unconstitutional to discriminate against transsexuals and
homosexuals in business. As all human beings possess basic human rights and need to be treated
in a similar manner in the scope of law, equal rights and opportunities need to be granted to them
in business domain as well.
Analysis
Recently several cases in the court of law called for business’ getting national civil rights,
licensing discrimination against bisexual, gay, lesbian and transgendered people, who are
protected in the non-discrimination rules (Priola, Lasio, De Simone and Serri, 2014, pg. 488-
502). Under the Constitution in the United States, everyone has the right to their own beliefs and
is empowered to act on those beliefs, if such actions do not stand to harm others, in which case it
will be treated unconstitutional. Religious freedom in the country does not provide rights to
discriminate or harm anyone in the country. When businesses are selling commercial items to
general public, they need provide it for everyone regardless of sex, sexual orientation or gender
identity (Stroumsa, 2014, pg. e31-38). In the eyes of the civil law, the business owner does not
possess any rights to discriminate anyone on the basis of their own religious or personal beliefs.
In case a business owner is selling commercial item or purchasing, from anyone’s marriage or
business, does not mean they are endorsing it. It is simply an act of rules which they are
following.
Businesses in the past have repeatedly sought to pay individuals less on the basis of their sexual
orientation because of the belief that they are sinful (Badgett, Durso, Mallory and Kastanis,
2013). The court at several instances rejected all claims on the grounds of religious or personal
exemptions, despite the deep held beliefs. Courts across the United States have included the
decision from the Washington State Supreme Court that religious exemptions should not be
acceptable in turning them away. Several states have proposed laws that license discrimination
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by government workers, businesses, counselors and adoption agencies. In absence of the federal
law protection, the LGBT people in the United States will have lack of clear recourse.
Conclusion
In the light of providing greater amounts of equality to all lesbian, gay, bisexual and
transgendered (LGBT) people, laws have been amended in the recent times. The LGBT
community has been able to make significant progress in legal and political gains in the United
States, along with the freedom to marriage. In spite of such progress, the federal law does not
expressly prohibit discrimination on the basis of sexual orientation and gender identity in
employment, housing and access to business services.
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References
Badgett, M.V., Durso, L.E., Mallory, C. and Kastanis, A., 2013. The business impact of LGBT-
supportive workplace policies. Accessed from https://escholarship.org/uc/item/3vt6t9zx
Pizer, J.C., Sears, B., Mallory, C. and Hunter, N.D., 2011. Evidence of persistent and pervasive
workplace discrimination against LGBT people: The need for federal legislation prohibiting
discrimination and providing for equal employment benefits. Loy. LAL Rev., 45, p.715. Accessed
from https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/lla45&section=31
Priola, V., Lasio, D., De Simone, S. and Serri, F., 2014. The sound of silence. Lesbian, gay,
bisexual and transgender discrimination in ‘inclusive organizations’. British Journal of
Management, 25(3), pp.488-502. Accessed from
https://onlinelibrary.wiley.com/doi/abs/10.1111/1467-8551.12043
Stroumsa, D., 2014. The state of transgender health care: policy, law, and medical
frameworks. American journal of public health, 104(3), pp.e31-e38. Accessed from
http://ajph.aphapublications.org/doi/abs/10.2105/AJPH.2013.301789
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